2014 Prepared Food Application

Market Square Farmers’ Market: Prepared Food Application
May 3 – November 22, 2014

** Update 4/10/2014 – The MSFM is currently at capacity for most dates. All new applications will be considered for the waiting list.**

General Information

The Market Square Farmers’ Market is open every Saturday from 9am-2pm and Wednesday from 11am-2pm. Set up may begin two hours before opening. Vendors are required to remain open for the entire market, or until their products sell out.

No resale is allowed by any vendor at the Market Square Farmers’ Market. If you did not make it, grow it or produce it, you cannot sell it at the MSFM. Occasionally collaborative efforts may be accepted with prior approval from the MSFM. Vendors may only sell products approved through this application. Additional products can be added with prior approval.

All vendors will apply through Manage My Market, an online market management tool.  Click here to apply.

Below are the guidelines for prepared food vendors and the market regulations for your review.  These are also in the online applications, but this will allow you to gauge if you are eligible to be a vendor before applying.


Prepared Food Application Requirements

Prepared food includes food for immediate consumption and processed foods. No prepared food made from commercial mixes will be accepted. The producer, a family member, or an employee directly involved in the production process of the items to be sold must be present at each market.

  • Food for immediate consumption: Products sold for immediate consumption on site such as you would get at a restaurant or concessions stand. These foods fall under the jurisdiction of the local health department. Each county has a local health department. Foods prepared on-site, such as concessions, are under the regulatory authority of the Tennessee Dept. of Health
  • Processed foods: Food that has been processed beyond its natural state such as baked goods, shelled beans, halved melons, canned food, etc. for retail. Pet food/treats also falls under this category.
  1. Processed foods: All processed foods must be sold in compliance with Tennessee Department of Agriculture and Knox County Health Department regulations. The MSFM must have all current permitting on file. Include a copy of any required licenses with this application by uploading the file to your Manage My Market (MMM) account, or mailing a copy to PO Box 2422, Knoxville, Tn, 37901. All prepared food vendors must also have a copy of each license at his/her booth at market.

 

    1. Preference will be given to those that incorporate natural ingredients and local products.
    2. All prepared food must be made from scratch by the vendor. Any item that is made primarily from a manufactured, processed product, such dry cereal, is not allowed. Items should be made from scratch, including pie crusts and icings.
    3. All processed foods made in a domestic kitchen must be defined as “non-potentially hazardous foods” such as baked goods, dry mixes, candies, jams, and jellies. Individuals preparing non-potentially hazardous foods in a domestic kitchen are required to have their kitchen inspected and permitted by the Tennessee Department of Agriculture Regulatory Services Division. For information about the domestic kitchen inspection and permitting, please contact the Tennessee Department of Agriculture Consumer and Industry Services, Food and Dairy Section at (615) 837-5193. Please include a copy of your domestic kitchen permit with your application.
    4. Potentially hazardous foods, defined as any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, or other ingredients in a from capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. This also includes acidified foods such as pickled vegetables and salsas and formulated acid foods such as marinades, hot sauces, salad dressings, etc.
      1. Potentially hazardous foods must be manufactured in an inspected and permitted commercial kitchen. Please include a copy of your permit with your application.
      2. Additionally, if manufacturing acidified foods, you must register your commercial kitchen facility and file a process for each product you intend on selling with the U.S. Food and Drug Administration (FDA) and be compliant with 21CFR part 114. Please include copies of your processes for each product you intend to sell.
    5. New products requiring licensing:
      1. Juice – Because of the potential for pathogenic microbial growth, juice is considered a potentially hazardous food. Juices sold at the MSFM must be produced in a commercial facility that is licensed, permitted and inspected.
      2. Pet Food – Any person manufacturing and animal feed or pet food, including pet treats and raw milk, must be licensed by the Tennessee Department of Agriculture. Required labeling must accompany the products, including the manufacturers name and address, net weight, and guaranteed analysis (%protein, %fat, %fiber). Additional information may be obtained by contacting Ag Inputs at (615) 837-5137.
    6. All packaged foods must be labeled with, at the very least, vendor contact information (name, street address, city, state and ZIP code), an accurate statement of the net amount of food in the package in English and metric units, the common/usual name of every ingredient, all ingredients in the food, listed in order of predominance by weight.
  1. Food for immediate consumption: All food prepared on site must be stored in an inspected and permitted facility prior to arriving at the MSFM. Preparing food on site will require inspection of the booth/food truck by the Knox County Health Department. These concession-style foods will be reviewed on a case-by-case basis. Only concessions that support local growers and/or sustainable farming will be accepted.
  1. General guidelines:
    1. Local, state, and federal laws trump any and all market rules. While we strive to keep up to date on what is required, it is your responsibility to ensure your product is fully compliant with all regulations. Any failure to do so may put your business at risk and could result in expulsion from the MSFM.
    2. Containers of food should not be placed directly on the ground. All containers containing food for sale should be at least 6 inches off the ground for the entire duration of the market. This includes baskets and coolers.
    3. The MSFM strives to be as environmentally responsible as possible, and therefore does not allow the use of Styrofoam containers. The MSFM strongly recommends using recyclable or compostable materials for all packaging. Recycling bins are available at each MSFM.
    4. Market staff may approve some but not all products you apply with via Manage My Market (MMM). Any vendor found selling products not approved by market staff will be asked to remove the product from their booth and be subject to an infraction. For more information regarding the market’s infraction policy, please refer to the Market Rules and Regulations, which can be found within your MMM account. Please be sure to keep your MMM profile up to date with what you are currently selling.
  1. Rates: Each 10’ x 10’ booth space is $20.00/Saturday and $15.00/Wednesday. Booth fees are due one week in advance of each market. A non-refundable $30 annual membership fee will be due upon acceptance. If waitlisted, a $30.00 processing fee will be due in order to remain on the waitlist and receive updates about potential market openings. Payments can be made via check or cash to Nourish Knoxville PO Box 2422 Knoxville, TN 37901 or via PayPal through your MMM account.

Market Rules and Regulations for all Vendors

  1. BOOTH ASSIGNMENTS:
    1. Vendors are encouraged to reserve their spaces early via MSFM’s online application. Preference will be given based on seniority and diversity of product.
    2. Upon acceptance to the market, MSFM will assign vendors a booth space of 10’ x 10’. Vendors may reserve up to two booths for a maximum 10’ x 20’ space.
      1. MSFM reserves the right to limit the amount of booth spaces vendors receive.
      2. Exceptions to the two-booth maximum exist for prepared food and agriculture vendors only, when space is available.
    3. Vendors are not allowed to use more than the allotted booth space. This includes placing signage in aisles and displays outside the 10’ x 10’ area. The Market Manager and volunteers have the right to ask for signage/displays to be rearranged if they are blocking another vendor or traffic flow.
    4. Agriculture vendors may reserve a vehicle space within the market. Vehicle spaces are limited and will be assigned based on demonstrated need and seniority.
    5. Booth assignments can be found each week via our interactive map in your Manage My Market (MMM) online account as well as through our website: http://marketsquarefarmersmarket.org/find-a-vendor/interactive-map/
  1. SET UP/TEAR DOWN PROTOCOL:
    1. Set up may begin two hours before opening. Any vendor who arrives before our street closure begins will be subject to an infraction.
      1. Saturday – Set up may begin at 7:00 a.m., Wednesday – Set up may begin at 9:00 a.m.
      2. All vendors are expected to be open and ready for business by market opening. Tardy vendors will be subject to an infraction.
    2. Vendors are required to remain open for the entire market (9:00 a.m. – 2:00 p.m. on Saturdays, 11:00 a.m. – 2:00 p.m. on Wednesdays) or until their products sell out.
      1. No driving will take place within the market during operating hours.
      2. Vendors who sell out may leave their booths and return to break down at market close, or may tear down and carry their product and equipment to the market perimeter to load. A cart will be available at the MSFM information booth upon request.
    3. The vendor must provide all necessary equipment and displays. The market will not provide extension cords, signs, chairs, tables, tablecloths, scales, display containers tents or weights.
    4. All canopies, tents, umbrellas and all other forms of booth covering should be securely anchored at every market from the moment the canopy is erected until the moment immediately before the canopy is taken down. Any vendor found without sufficient weight will be required to take down their tent/umbrella.
      1. Tie-downs attached to vehicles will not suffice. No tie-downs shall be attached to city property; this includes benches, planters, fencing, street signs, etc.
      2. Vendors whose tents or umbrellas lift off the ground will be asked to take down their canopy, charged a $100.00 fine, and will be subject to an infraction.
    5. Vendors are strongly encouraged to use signage at their booth listing the name of their business and their contact information. No signage or pamphlets are allowed to promote activities outside MSFM without prior approval.
    6. Each vendor is responsible for maintaining his/her area in a clean, neat manner throughout the day and cleaning the area before departing. This means picking up all debris from craft demonstrations, paper, cigarettes, customer’s trash, etc.
    7. Access to electricity is not available at every booth. If you need electricity, indicate this on the application. Extension cords will be required and may not be stretched across walkways.
    8. Tear down begins promptly at market close. All vendors must exit MSFM before 3:30 p.m.
      1. Vendors should be completely packed and ready to load their vehicles before retrieving his/her vehicle from the garages.
      2. Any vendor found running errands, dining, shopping, etc. while their vehicle still remains parked within the market will be subject to an infraction.
    9. Detailed guidelines regarding set up and tear down will be sent to vendors upon acceptance to the market.
  1. VENDOR GUIDELINES:
    1. Vendors should abide by all city, county, state and federal regulations that govern sampling, production, labeling, and safety of every product offered for sale at MSFM. This includes responsibility for certifying and annually calibrating any scales.
    2. Vendors are responsible for carrying their own liability insurance for product in the amount they deem appropriate. The MSFM carries event liability insurance for the market, but does not cover individual vendors.
    3. Vendors assume all responsibility for any losses of property or money from the market site. Booths should never be left unattended. There will be a KPD officer on site at each Saturday market. If you see suspicious activity, please contact the Market Director or a police officer.
    4. Prohibited at the MSFM:
      1. Vendors are not allowed to bring animals of any kind, including dogs.
      2. No outside amplified music is allowed.
      3. Vendors are not allowed to give away food other than approved samples of a their product. No commercially manufactured candy or other foods should be given away at booths.
      4. In the interest of the health and cleanliness of the market, smoking and the use of tobacco products is not allowed in or around vendor stalls.
    5. Professional conduct is expected. Any yelling, swearing or threatening customers, vendors or staff will not be tolerated. This includes in person or by electronic media. This type of behavior will result in expulsion from the market.
  1. PRODUCT GUIDELINES:
    1. All products must be grown, produced or prepared by the vendor. The MSFM has a zero tolerance policy concerning resale. Any vendor found selling anything he/she did not make will be banned from the market for the remainder of the season. The Market Director has the authority to prohibit the sale of any product that does not conform to MSFM standards.
    2. MSFM supports local and sustainable products. Preference will be given towards applicants who source ingredients/items locally. We do not condone the use of threatened or endangered materials.
    3. Vendors may only sell those products applied for and approved on their MMM application. Products may be added at a later date via MMM, but may not be sold until the Market staff has approved them. Any vendor found with unapproved product will be asked to remove it from their booths and will be subject to an infraction.
    4. MSFM strives to be as environmentally responsible as possible, and therefore does not allow the use of Styrofoam packaging. The MSFM strongly recommends using recyclable or compostable materials for all packaging. Recycling bins are available at each market.
    5. In accordance with health department regulations, all food should be displayed off the ground. This includes baskets of produce and coolers containing food to sell.
    6. The MSFM does not allow the sale of: potentially dangerous foods, alcohol or tobacco products.
    7. Vendors must clearly post prices on all products being sold. Vendors are responsible for all their own applicable sales tax. Pricing of goods sold is the sole responsibility of the vendor. Dishonest merchandising or collusion to set prices among vendors may be grounds for forfeiture of participating in the market.
    8. Detailed requirements regarding agriculture products, prepared food products, and craft products can be found in your MMM online account.
  1. MARKET FEES:
    1. Booth fees are due one week in advance of each market. Any vendor failing to pay a week in advance will forfeit their assigned booth space.
    2. A non-refundable $30.00 application fee is due upon acceptance to the market.
    3. Vendors placed on the waiting list are required to pay the $30.00 application fee to remain on the waiting list for the market season.
  1. CANCELLATION POLICY:
    1. MSFM is held rain or shine. Cancellations must be made one week in advance of market to request a refund.
    2. Nourish Knoxville understands that emergencies do happen and will be considerate to any last minute emergencies, but will not tolerate abuse of this policy.
    3. Vendors that participate in the majority of markets will be given permanent spaces, and vendors that do not participate regularly will be assigned to different spaces as they are available. Vendors must attend 80% of their selected dates. Vendors who fail to do so will forfeit their permanent booth space and will be assigned a temporary booth space weekly. Vendors who drop below a 60% attendance rate will be placed on the waiting list.
  1. MARKET MONEY & EBT:
    1. All vendors participating in the market are required to accept market money. Market money is the green token system used within the market. Wooden tokens are printed with green markings, denoting a $5.00 amount.
    2. Only eligible vendors are allowed to accept EBT tokens. EBT is the red token system used within the market. Wooden tokens are printed with red markings, denoting both $1.00 and $0.50 amounts. Remember, green means “go”, red means “stop”.
      1. EBT tokens can only be used for food items not to be consumed on site and for food producing plants. This means no food truck or craft vendor should take red tokens. EBT cannot be used for hot foods, beverages, or non-food products.
      2. If you are not eligible to accept EBT tokens but take some in by mistake, Nourish Knoxville will not be able to reimburse you for the EBT token amount.
    3. Additional information for Market Money & EBT can be found within your MMM profile.
    4. Vendors may accept any additional forms of payment (cash, check, credit/debit card) they would like, along with market money.
  1. TRANSIENTS AND SOLICITATION:
    1. Transients: Please do not give money or accept help during set up or break down by someone other than market staff, volunteers or vendors. We have had issues in the past with transients assisting vendors in exchange for money. While the decision to give money is ultimately up to you, the policy of the MSFM is not to give money or food to panhandlers. We feel this is in the best interest of our vendors and our customers, and also allows you to cite the policy of the MSFM to anyone asking for money.
    2. Solicitation: Advertising for other events or businesses during the market is not allowed without prior approval of the Market Director. This includes anyone not associated with the MSFM passing out flyers to vendors and/or customers. Please alert the market staff to any problems with persons visiting the market to solicit so that we may assess and deal with the situation.
  1. COMPLAINTS: All complaints must be submitted in writing, signed, and given to the MSFM Market Director. Unsigned complaints will not be addressed. Complaints should be specific in nature. Allegations of resale by another vendor will be taken seriously and investigated through business/farm/studio inspection and questions regarding the manner in which the product is produced.
  1. INFRACTION POLICY:
    1. Any vendor found in violation of Nourish Knoxville’s Rules and Regulations, as stated above, which includes but is not limited to: Last minute cancellations, no-shows, tardiness, use of Styrofoam containers, speeding within the market, no tent/canopy weights, selling products not included in your MMM profile or approved by Nourish Knoxville, improper product sampling, etc., will be subject to the following disciplinary process:
      1. 1st violation – Oral notification from the Market Director or his/her staff.
      2. 2nd violation – Written notification from the Market Director or his/her staff.
      3. 3rd violation – Written notification and a $20.00 fine.
      4. 4th violation – Written notification, $20.00 fine, and expulsion from vendors next scheduled market.
    2. All outstanding fees must be paid before a vendor may return to market.

Enforcement of these rules and regulations is the responsibility of the Market Director and MSFM staff. Vendors should report any suspected offenses to the Market Director.

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